No. 22160.

652 N.W.2d 742 (2002)

2002 SD 121

ACTION MECHANICAL, INC., a South Dakota Corporation, Plaintiff and Appellee, v. The DEADWOOD HISTORIC PRESERVATION COMMISSION; Mitch Peck, d/b/a Temperature Control; Ronald Digges; Dennis Digges; Donna Digges, Pepsi Cola Bottling Company; RC Western Meats; and the State of South Dakota Department of Revenue, Defendants, and H & N Electric, Defendant and Appellee, and Damon Reel, Donna Wynia, Dwight Thomas, and Randy Beckman, d/b/a Four Square Partnership, a South Dakota General Partnership, Defendants and Third Party Plaintiffs and Appellants, v. Iron Horse Inn, Inc., Third Party Defendant.

Supreme Court of South Dakota.

Decided October 2, 2002.

Attorney(s) appearing for the Case

Barton R. Banks of Banks, Johnson, Colbath, Sumner & Kappelman, Rapid City, South Dakota, Attorneys for appellee Action Mechanical.

Robert A. Martin, Rapid City, South Dakota, Attorney for appellee, H & N Electric.

Brad P. Gordon and Michelle K. Percy of Fuller, Tellinghuisen, Gordon and Percy, Lead, South Dakota, Attorneys for appellants.

GORS, Circuit Judge.

[¶ 1.] Four Square Partnership (Four Square) appeals the judgment of the trial court in favor of Action Mechanical, Inc. (Action Mechanical) and H & N Electric, Inc. (H & N). Four Square claims principles of equity preclude Action Mechanical and H & N from prevailing. We affirm.


[¶ 2.] Action Mechanical is a family owned corporation located in Rapid City, South Dakota. The president of Action Mechanical...


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